HC Deb 10 December 1974 vol 883 cc397-9
Mr. Donald Stewart

I beg to move Amendment No. 71, in page 6, line 38, leave out 'or'.

The Temporary Chairman

With this we are to take Amendment No. 72.

Mr. Stewart

The amendment is consequential on the proposal to delete paragraph (b). The Bill calls for the power to execute and enforce regulations to be delegated to any harbour authority or local authority designated by him"— that is the Secretary of State— whose area includes any part of that area ". That is unexceptional, but paragraph (b) refers to "any other such body".

Does that mean a construction company, or perhaps other commercial interests? We should like the Minister to elucidate that paragraph.

Mr. Millan

Rather than explain to the hon. Gentleman what other bodies or persons we have in mind, I am prepared to accept the two amendments.

Amendment agreed to.

Amendment made: No. 72, in page 6, line 39, leave out paragraph (b).—[Mr. Stewart.]

Mr. Buchanan-Smith

I beg to move Amendment No. 73, in page 6, line 40, at end insert— (2) A statutory instrument containing an order made under this section shall be subject to annulment in pursuance of a resolution of cither House of Parliament. To some extent my reason for moving the amendment has been overtaken by the Government's acceptance of Amendments Nos. 71 and 72. What worried me was that, if the Secretary of State were to delegate these powers, particularly under paragraph (b), to any other such body, or any other such person or persons, as he thinks fit it would be only proper that the House of Commons should have more direct control. I suggest that this should be done under the negative procedure rather than its being done by way of order.

I shall not press the amendment, unless perhaps it is an amendment which the Government, in their new mood of generosity, are prepared to accept, in which case I would never look a gift horse in the mouth. Otherwise, given the Government's acceptance of the previous two amendments, there is no purpose in pursuing this amendment.

I therefore shall not proceed with the amendment.

Mr. Alexander Fletcher

I beg to move Amendment No. 75, in page 7, line 9, at end insert: 'except in so far as any part of the designated sea area is within the area of another authority this jurisdiction shall only be exercised with the agreement of that authority'. We understand the extension of the powers from one competent authority to another. On the basis that it is a fact of life that people work better together by mutual agreement than by the imposition of powers—a principle which is embodied in that rather elusive document, the social contract—local authorities and harbour authorities are properly jealous of their individual powers and responsibilities. It is hard to see the benefit of this being deliberately disregarded by the Bill, which is aimed at expediting oil extraction, on the one hand, and retaining harmony between local authorities, on the other. Perhaps the Minister will explain why it is necessary in this case to impose one authority upon another.

Mr. John Smith

We understand the principle behind the amendment. The way it is framed poses difficulties. We prefer to approach the matter on the basis of consultation. We shall put forward an amendment on Report to embody the spirit of this amendment.

Mr. Alexander Fletcher

On that understanding, I beg to ask leave to withdraw the amendment.

Amendment by leave, withdrawn.

Clause 7, as amended, ordered, to stand part of the Bill.

Back to
Forward to